Jharkhand HC Keeps 14-Year-Old At Preferred Deoghar Boarding School, Requiring Her Consent Before Father Changes Schools

The Family Court, Godda, by judgment dated 30 August 2023 and decree dated 18 September 2023 in Original Suit No. 70 of 2020, directed Chandani Devi to hand over custody and guardianship of her younger daughter, Nilu Priya, to Ram Kumar Mehra

At the time of the appeal, the elder daughter, Anu Priya, lived with her father, while Nilu Priya was studying and residing during school terms at a boarding school in Deoghar

The mother accepted the existing arrangements but sought visitation rights and liberty to apply for the daughters to spend time with her during holidays, vacations, or special occasions

The parties reached a broad agreement, and the High Court heard the daughters’ wishes, including Nilu Priya’s preference to remain at her current school and stay with her father during holidays

The Court applied the principle that the welfare and paramount interest of the minor child govern custody arrangements, and that a child’s wishes are relevant but not the sole consideration in deciding a custody-related application

It also stated that custody orders are not permanent and may be varied by a competent court if circumstances warrant

In considering a school change for a 14-year-old child, the Court held that her autonomy and consent should be respected

No statute or precedent was cited in the judgment.

Nilu Priya was settled at her current boarding school and clearly expressed her wish to remain there; the Court considered that disrupting the arrangement would not further her interests

Given her age and the Court’s assessment of her ability to make decisions concerning herself, any future school change was made conditional on her consent

The parties agreed to the mother’s visitation, and the father undertook not to obstruct reasonable visits after due intimation

The Court preserved the mother’s ability to seek holiday or vacation contact through the Family Court, which would decide any application under law, considering the children’s wishes alongside other relevant factors

It found no reason to disturb the custody and guardianship decree, while recognizing that custody arrangements remain capable of variation

The Family Court’s judgment and decree were affirmed, subject to modifications granting the mother reasonable visitation rights and liberty to apply to the Family Court for the daughters to stay with or spend time with her during holidays, vacations, or special occasions

Any such application must be decided in accordance with law, with the children’s wishes considered but not treated as the sole factor; a future change of Nilu Priya’s school requires her consent